Estella Washington v. The State of Texas--Appeal from 87th District Court of Freestone County

IN THE

TENTH COURT OF APPEALS

No. 10-98-279-CR

ESTELLA WASHINGTON,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 87th District Court

Freestone County, Texas

Trial Court # 97-197-CR

MEMORANDUM OPINION

Estella Washington pled guilty to the felony offense of delivery of a controlled substance. Although she had requested to be placed on probation, the trial court sentenced Washington to 180 days in jail. Washington filed her written notice of appeal ten days later.

Counsel has filed an Anders brief. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967); Wilson v. State, 955 S.W.2d 693 (Tex. App. Waco 1997, order) (order discussing procedures for Anders appeal, revisiting Johnson v. State, 885 S.W.2d 641, 646 (Tex. App. Waco 1994, order)). Counsel states that he reviewed the record, the sentence received by Washington and the factual basis for the sentence. He is of the opinion that the record reflects no reversible error and presents no non-frivolous questions. We have independently reviewed the record and counsel s discussion of Washington s potential claims. We are satisfied that counsel has diligently searched the record for any arguable appellate claim. McCoy v. Court of Appeals of Wisconsin Dist. 1, 486 U.S. 429, 442, 108 S. Ct. 1895, 1904, 100 L. Ed. 2d 440 (1988). We have determined that counsel correctly concluded that the appeal is frivolous. Id.

We required Washington s counsel to advise Washington that she had the right to review the record and to file a written response on her own behalf. We also advised Washington by letter of these rights. Washington never filed a response. We note, however, that at about the same time her notice of appeal was filed, Washington wrote a letter to the trial court complaining that her plea was involuntary because her attorney forced her to plead guilty. We have given additional attention to this issue in light of the record before us and have found no evidence in the record to support Washington s claim.

Because we have no viable issues to consider, the judgment is affirmed. We simultaneously grant counsel's motion to withdraw. Id.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Affirmed

Opinion delivered and filed August 25, 1999

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